SEGA Player Survey Sweepstakes
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID OUTSIDE THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA AND WHERE PROHIBITED BY LAW.
1. Eligibility: To be eligible for the “SEGA Player Survey Sweepstakes” ( “Sweepstakes”), as of the start of the Sweepstakes Period (defined below), entrants must (i) be legal residents of the fifty (50) United States or the District of Columbia, and (ii) have reached the age of majority in their state of residence and be at least eighteen (18) years old.
Officers, directors and employees of Sponsor (defined below) and its partners, affiliated companies, advertising and promotion agencies (collectively, the “Sweepstakes Entities”) are not eligible to participate, and each of their immediate family members and/or those living in the same household (whether legally related or not) are not eligible to enter or win. Winning a prize is contingent upon fulfilling all requirements set forth herein. The Sweepstakes is void outside the 50 United States and the District of Columbia, in Puerto Rico and all U.S. territories and possessions, and where prohibited by law. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor's decisions, which are final and binding in all matters related to the Sweepstakes. The Sweepstakes is subject to all federal, state, and local laws.
If you are acting within the scope of your employment, as an employee, contractor, or agent of another party, you warrant that such party has full knowledge of your actions and has consented thereto. You further warrant that your actions do not violate your employer or company’s policies and procedures.
2. Sponsor: Sega of America, Inc., located at 6400 Oak Canyon, Suite 100, Irvine, CA 92618 are the Sponsors of the Sweepstakes (collectively, “Sponsor” or “SEGA”).
3.Timing: The Sweepstakes starts at 12:00 PM Pacific Standard Time ( “PST”) / 3:00 PM Eastern Standard Time ( “EST”) on March 18, 2019 and all entries must be received no later than 12:00 PM PST / 3:00 PM EST on March 25, 2019 (the “Sweepstakes Period”). The Sponsor’s computer or that of its designee is the official timekeeper for this Sweepstakes. Entrants are responsible for determining the appropriate beginning and ending times in their respective time zones.
4. How To Enter: During the Sweepstakes Period, an eligible person must do one of the following to enter:
Method #1: Online Entry (ATLUS). Participate in and complete the ATLUS Player Survey located at https://www.surveymonkey.com/r/CH5Y2JD. Upon completion, if you wish to enter the Sweepstakes, click ‘agree’ to acknowledge your consent to these Official Rules and to submit one (1) entry under your name/email address into the Sweepstakes.
Method #2: Mail-In Entry. To enter without taking the SEGA Player Survey, mail a postcard (or 3x5 card), including your name, complete address, daytime phone number and email address to: Sega of America, Inc., ATTN: SEGA Player Survey Sweepstakes, 6400 Oak Canyon, Suite 100, Irvine, CA 92618. Each postcard (or 3x5 card) must be hand printed, mailed separate, bear sufficient postage and must be postmarked between March 18, 2019 and March 25, 2019, and received by March 30, 2019. Photocopied, illegible, or mechanically reproduced entries are not eligible. All entries become the property of the Sponsor and will not be returned or acknowledged. Sponsor is not responsible for lost, late, damaged, misdirected or postage-due mailed entries.
5. Entry Requirements: Survey responses will not be evaluated for correctness. Ineligible entries include entries that fail to comply with these Official Rules, including the Warranty section below, as well as those that are, in whole or in part, threatening, abusive, harassing, defamatory, libelous, hateful, embarrassing to another person or entity, deceptive, obscene, invasive of another's privacy, tortious, contain racial slurs, or contain explicit or graphic descriptions or accounts of, sexual acts, or are not within the spirit of the Sweepstakes, as determined by Sponsor in their sole discretion ( “Entry Requirements”).
6. Winner Selection & Notification: Thirteen (13) potential winners will be selected in a random drawing, conducted by Sponsor or its designee, from among all Eligible Entries on or about April 2, 2019. Following the drawing, on or about April 5, 2019, the potential winners will be notified by email at the address provided with the entry. To claim the prize, potential winners will be required to respond to Sponsor’s notification within three (3) business days after transmission of the aforementioned message and provide his/her full name, physical mailing address, date of birth, and phone number. Potential winners must respond to Sponsor’s initial notification email, as well as any subsequent communications from Sponsor, and must provide all requested information, within the time specified in the email or such person may be disqualified and an alternate potential winner may be selected via a random drawing, if time permits, in Sponsor’s sole discretion. In addition, the potential winner may be required to complete an affidavit of eligibility, a liability re-lease and (where legal) a publicity release, which must be returned within the time period specified by the Sponsor in the notification. If documents are not returned timely, or if any notification or prize is returned as non-deliverable, or if a potential winner is found to be ineligible or not in compliance with these Official Rules, the prize may be forfeited and an alternate potential winner may be selected. All notification requirements, as well as other requirements within these Official Rules, will be enforced. NOTE: Potential winner is subject to verification by Sponsor, whose decisions are final and binding in all matters related to the Sweepstakes. An entrant is not a winner of any prize unless and until entrant's eligibility has been verified and entrant has been notified that verification is complete. Unless stated otherwise in the prize notification, prizes will be fulfilled within eight (8) weeks following the end of the Sweepstakes Period. The odds of winning the Sweepstakes depend on the number of Eligible Entries received.
7. Prizes: Each winner will be awarded the choice of a gift certificate prize to either the SEGA Online Store, Nintendo eShop, PlayStation Store, or Xbox/Microsoft Store in accordance with the following:
Grand Prize: One (1) winner will each receive one (1) gift certificate for Five Hundred U.S. Dollars ($500). Approximate Retail Value ( “ARV”): $500 per gift certificate;
Second Prize: Two (2) winners will each receive one (1) gift certificate for Two Hundred Fifty U.S. Dollars ($250). Approximate Retail Value ( “ARV”): $250 per gift certificate; and
Third Prize: Ten (10) winners will each receive one (1) gift certificate for One Hundred U.S. Dollars ($100). Approximate Retail Value ( “ARV”): $100 per gift certificate.
Aggregate ARV of all prizes potentially awarded: Two Thousand U.S. Dollars ($2,000). Actual retail value may vary and Sponsor will not award the difference between the ARV and actual value. Sponsor reserves the right to not seek an alternate potential prize winner in the event that the individual originally selected ignores the prize notification, is disqualified or is unable to accept the prize, at Sponsor’s sole discretion. Prizes are non-transferable and are not redeemable for cash. No prize substitutions allowed, except that Sponsor reserves the right, in its sole discretion, to substitute a prize of equal or greater value if advertised prizes become unavailable. Prizes may not be sold, bartered, or exchanged by any winner. The prize winner must look to the prize manufacturer for warranty issues; Sponsor is not liable for performance of the prize. All details of any prize not specified herein shall be determined solely by Sponsor. By accepting a prize, each winner acknowledges compliance with these Official Rules. All federal, state, or other tax liabilities arising from this Sweepstakes are the sole responsibility of the prize winner. Limit of one (1) prize per person/household. Actual prize may differ from promotional images.
8. Intellectual Property Rights
Warranty. By entering the Sweepstakes, entrant warrants and represents that the content submitted by entrant is his/her own original work created by entrant, has not been previously published, has not won a previous prize or award, that entrant owns or otherwise controls all of the rights to the content submitted by entrant and that the content submitted by entrant does not violate any law, regulation or any right of any third-party, including but not limited to rights of copyright, trademark, publicity and/or privacy. Please understand that submitting any content that is copyrighted by another individual, or otherwise subject to the rights of another individual, will make entrant responsible for any legal action the legal copyright holder might take against entrant or in relation to the content.
License. By submitting an entry into the Sweepstakes, entrant grants to the Sponsor the right, without limitation, to display the submitted content online and in any media now known or hereinafter developed. Further, entrant agrees to grant to the Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such Submissions in whole or in part, on a worldwide basis, in perpetuity, and to incorporate it into other works, in any form, media or technology now known or later developed, for any purpose whatsoever, including for commercial or non-commercial use, and without compensation to entrant.
10. Release: By entering and by receipt of any prize, winner agrees to indemnify, defend, release, not to sue, and hold harmless the Sponsor its parent companies, subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any and all liability, claims, losses, damages, demands, penalties and expenses, or causes of action, of any kind or nature whatsoever, in law or equity, whether known or unknown, which entrant (or entrant’s successors-in-interest, heirs and/or agents) ever had, now have, or in the future may have against the Released Parties, including, but not limited to, personal injury, death, theft, damage to or loss of property, or any other harm arising out of or related to any statement, action or failure to act by entrant during or in connection with his/her participation in the Sweepstakes or any Sweepstakes related activity; any breach or alleged breach of these Official Rules or of any other documents required by Sponsor; the use of any of the rights granted herein (including, without limitation, the use and exploitation of the entrant’s name, address [city and state], biographical information, statements, voice, photograph and/or other likeness); any malfunction or other problem with any Sweepstakes website or webpage; any error in the collection or retention of entry information; and any typographical or other error in the printing, offering or announcement of any prize; or acceptance, possession, receipt, use, or misuse of any prize.
11. General Conditions: By entering, each entrant agrees to be bound by these Official Rules and any other documents required by Sponsor herein and by the decisions of the Sponsor, and to waive any right to claim ambiguity in this Sweepstakes, the Official Rules or any other documents required by Sponsor herein. If for any reason this Sweepstakes is not capable of running as planned, including, but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention, fraud or any other causes beyond the reasonable control of Sponsor which corrupt or affect the administration, security, fairness, integrity, fulfillment or proper conduct of the Sweepstakes, Sponsor reserves the right in its sole discretion to terminate, modify or suspend the Sweepstakes and to select the winner from those Eligible Entries received up to the time of the termination/suspension. Sponsor may also disqualify or prohibit an entrant from participating in the Sweepstakes or winning a prize in this or any other promotion conducted by Sponsor if, at its sole discretion, it determines that said entrant has violated the Official Rules or has threatened or is attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception or other unfair playing practices (including the use of automated quick-entry programs), or intending to annoy, abuse, threaten or harass any other entrants or Sponsor’s representatives. ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY’S FEES FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSE-CUTION.
12. Limitations Of Liability: Released Parties are not responsible or liable for: (1) any incorrect or inaccurate information, whether caused by entrant, printing, typographical or other errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Sweepstakes; (4) printing, typographical, technical, computer, network or human error which may occur in the administration of the Sweepstakes, the announcement of the prizes or in any Sweepstakes-related materials; (5) late, lost, undeliverable, damaged or stolen entries; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or receipt or use or misuse of any prize (including any travel/activity related thereto). Released Parties are not responsible for misdirected or undeliverable entries or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof.
13. Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest, these Official Rules, or any prize awarded shall be submitted to the alternative dispute resolution service, JAMS, for binding individual arbitration under its rules then in effect in the Los Angeles, California area, without resort to any form of class action, and determined by one (1) arbitrator to be mutually agreed upon by both parties, with the parties agreeing to share equally in the arbitration costs; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. Other rights that you and we would have in court will not be available or will be more limited in arbitration, including discovery and appeal rights. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of California without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.
14. Winners List & Rules: To receive the winners list or an additional copy of these Official Rules, send a self-addressed, stamped envelope by June 30, 2019, to: Sega of America, Inc., ATTN: SEGA Player Survey Sweepstakes, 6400 Oak Canyon, Suite 100, Irvine, CA 92618. Please specify “Rules” or “Winners List.” Vermont residents may omit return postage. You may also view the Official Rules at https://games.sega.com/survey/.